Drug Distribution Charge in Springfield New Jersey
Have you been arrested or charged with distribution of a controlled dangerous substance (“CDS”) or possession with intent to distribute a drugs in Springfield? If so, the penalties are very serious, including a criminal record, significant jail time, and stiff fines if you are convicted. In order to prepare the best defense to a distribution offense, including your exploiting any 4th and 5th Amendment issues, you need to retain a criminal attorney with experience defending cocaine, marijuana, heroin, MDMA, LSD, methamphetamine and prescription drug charges. We are the Law Offices of Jonathan F. Marshall, and our lawyers have been defending individuals accused of distributing and/or selling CDS in Union County, including Springfield New Jersey, for over 100 years combined. Many of our attorneys are former prosecutors, and therefore have an ideal background to challenge your drug distribution charge. A lawyer is ready to conduct a free consultation to discuss what we can do to help you avoid a conviction. Call 908-272-1700 for immediate assistance.
Charged With Selling, Distributing or Possession With Intent to Distribute CDS in Union County
In New Jersey, it is illegal to distribute, or possess with the intent to distribute, a controlled dangerous substance (“CDS”) or counterfeit CDS. For your reference the relevant New Jersey statutes are N.J.S.A. 2C:35-5, 2C:35-7, 2C:35-7.1 and 2C:35-10.5. These laws cover drugs such as cocaine, heroin, marijuana, Ecstasy, Molly, LSD, methamphetamine and prescription legend drugs. They also provide for enhanced charges and penalties where CDS is distributed in Public Park or Public Housing, or in a School Zone.
Penalties for CDS distribution. The penalties for drug distribution depend upon the type and amount of CDS.
First Degree. It is a first degree crime to distribute at least 25 pounds of marijuana, more than 100 milligrams of LSD or at least 5 ounces of Heroin, Cocaine, Methamphetamine or MDMA (a.k.a. Molly or Ecstasy). The maximum fine is typically $500,000 along with 10-20 years in prison.
Second Degree. Distribution of CDS is a second degree crime where it involves at least 5 pounds but less than 25 pounds of marijuana, at least one-half ounce but less than 5 ounces of Cocaine, Heroin, MDMA or Methamphetamine, less than 100 milligrams of LSD or at least 100 dosage units of a prescription legend drug such as Xanax, Oxycodone, Hydrocodone or Suboxone. A second degree crime for distributing/selling drugs results in a maximum fine of $150,000 ($200,000 for prescription drugs).
Third Degree. Possession with intent to distribute less than one-half ounce of Methamphetamine, Cocaine, MDMA or Heroin, five to 99 dosage units for a prescription drug or at least an ounce but less than 5 pounds of marijuana is a third degree crime. The penalties for third degree distribution include a fine of up to $75,000 ($25,000 for marijuana and $200,000 for prescription drugs) and up to 5 years of imprisonment.
Fourth Degree Crime. Fourth degree CDS distribution is limited to less than one ounce of marijuana or less than 5 dosage units of a prescription drug. The penalties at sentencing in a forth degree drug distribution case include up to 18 months in state prison and a fine of up to $25,000 for marijuana and $10,000 for prescription legend drugs.
It is important to note that the amount of CDS on your person is a way in which law enforcement determines the difference between possession with the intent to distribute and mere possession. Having an amount of CDS less than the lowest amount listed above would result in a mere possession charge.
Penalty Enhancements. Any sentence ordered by the court will be higher than the penalties above if distribution occurred: (i) within 1,000 feet of a school or school bus; (ii) within 500 feet of public housing, library, or park; (iii) when the accused was also carrying a gun; (iv) if someone dies as a result of the drugs that were distributed to them; or (v) if drugs are distributed to a pregnant woman or someone under the age of 18 years old (which will result in double what the normal sentence would be).
Springfield Drug Distribution Defense Lawyer
Distribution of CDS, and possession of with intent to distribute are significant crimes that carry serious penalties. These cases also typically involve complex issues of search and seizure law, as well as the right against self-incrimination. Accordingly, you need an experienced defense lawyer with a proven track record of success to help you. The Law Offices of Jonathan F. Marshall is armed with a team of attorneys with the attributes to fully protect your interests. Be sure to investigate all of your legal options by taking advantage of a free initial consultation a drug distribution attorney at our firm. Lawyers are available all day and night to assist you by calling 908-272-1700.
